The Executive Committee of the Supreme Court Bar Association (SCBA) has condemned the letter written by its President Senior Advocate Adish C Aggarwala to the President of India Droupadi Murmu urging her to stop the implementation of the electoral bonds verdict of the apex court and invoke Article 143 of the Constitution of India to seek presidential reference.
Aggarwala, also the chairperson of the All India Bar Association, on Tuesday, wrote to President Murmu, requesting a presidential reference for the electoral bonds scheme case verdict and advising not to enforce it until the top court reheard the matter.
In his letter, Aggarwala argued against revealing the names of contributing corporates, stating that it could make them vulnerable to victimization. He expressed concern about corporates being singled out and harassed by parties that received fewer contributions from them. He emphasized that disclosing such sensitive information retrospectively would have a chilling effect on corporate donations and participation in the democratic process.
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While the letter bore the letterhead of the All India Bar Association, Aggarwala’s designation as President of the SCBA was noted below his signature in the letter. The SCBA’s executive committee clarified that it had not authorized its chief to write such a letter, and its members did not endorse his views.
Issuing an official statement to clarify the stance of the members of the SCBA, the committee stated, “The committee viewed the act and its contents as an attempt to undermine the authority of the Supreme Court and unequivocally condemns the same.”
Electoral bonds case
Earlier on Monday, the Supreme Court ordered the State Bank of India (SBI) to reveal details about the electoral bonds used by political parties to the Election Commission (EC) by March 12. The court warned the bank of consequences if it didn’t comply.
The Chief Justice of India (CJI) DY Chandrachud, leading a five-judge bench, rejected the bank’s request for an extension and ordered the EC to publish the information on its website by March 15. In a significant decision on February 15, the same bench declared the electoral bonds scheme “unconstitutional”, demanding disclosure of donors, amounts, and recipients.
The court also ordered the closure of the scheme and instructed the SBI, the authorised bank for the scheme, to provide details of electoral bonds purchased since April 12, 2019, to the Election Commission.